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(영문) 수원지방법원 성남지원 2017.07.12 2017고단1442

특수공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 28, 2017, the Defendant damaged the fire extinguishers C and the office entrance of the above police station by getting out of 22,00 won for repairing costs, such as: (a) on the first floor of the police station in the 1259 Manam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, the Sinnam-gu, the Sinnam-si, where the Defendant had a view to the police who did not process credit cards in the state of drinking; and (b) on the part of police officers belonging to the above police station, the Defendant was able to look at the police station of the issue that credit cards are not handled in the state of drinking; and (c) the fire extinguisher C and the office entrance of the above police station are kept in the corridor where they would be waiting for a short time.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

2. The Defendant interfered with the performance of special duties, at the same time and place as described in paragraph 1, committed assault, such as assaulting a slope D (43 tax) belonging to the pertinent police station, by opening and leaving a c and office door to prevent the Defendant from acting in the same manner as described in paragraph 1.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on the maintenance of public order and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. The photograph, photograph, and quotation of the damaged fire extinguisher;

1. Application of C and office ctv, screen image-faging legislation

1. Relevant Article 144(1) of the Criminal Act and Article 144(1) of the Criminal Act (the point of obstructing the performance of official duties carrying dangerous articles, the choice of imprisonment), and Article 141(1) of the Criminal Act (the point of damaging things for public use and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Crimes 1 of the scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] and the aggravated area (one year to four years) (a person who interferes with the performance of official duties and coercion of duties] (a person who is specially increased] group and group and group, or dangerous objects.